AJI P. BY AND THROUGH PIPER v. STATE

No. 80007-8-I.

480 P.3d 438 (2021)

AJI P., a minor child BY AND THROUGH his guardian Helaina PIPER; Adonis W., a minor child, by and through his guardian Helaina Piper; Wren W., a minor child by and through her guardian Mike Wagenbach; Lara F. & Athena F., minor children by and through their guardian Monique Dinh; Gabriel M., a minor child by and through his guardians Valery and Randy Mandell; Jamie M., a minor child by and through her guardians Mark and Janeth Margolin; India B., a minor child by and through her guardians, Jim Briggs and Melissa Bates; James Charles D., a minor child by and through his guardian Dawneen Delacruz; Kylie Joann D., a minor child, by and through her guardian Dawneen Delacruz; Kailani S., a minor child, by and through her guardian, John Sirois; Daniel M., a minor child, by and through his guardian, Fawn Sharp; and Bodhi K., a minor child, by and through his guardian Maris Abelson, Appellants, v. STATE of Washington; Jay Inslee, in his official capacity as Governor of Washington; Washington Department of Ecology; Maia Bellon, in her official capacity as Director of the Washington Department of Ecology; Washington Department of Commerce; Brian Bonlender, in his official capacity as Director of the Washington Department of Commerce; Washington State Transportation Commission; Washington Department of Transportation; and Roger Miller, in his official capacity as Secretary of the Washington Department of Transportation, Respondents.

Court of Appeals of Washington, Division 1.

February 8, 2021.


Attorney(s) appearing for the Case

Andrea Kathryn Rodgers , Our Children's Trust, 3026 Nw Esplanade, Seattle, WA, 98117-2623, Andrew L. Welle , Attorney at Law, 1216 Lincoln Street, Eugene, OR, 97401, for Appellant(s).

Christopher Huriaux Reitz , Attorney at Law, Po Box 40117, 2425 Bristol Ct. Sw., Ecology Division A.g. Office, Attorney at Law, 2425 Bristol Court Sw. Second Fl., P O Box 40117, Olympia, WA, 98504-0117, Matthew D. Huot , Attorney General of Washington, Po Box 40113, Olympia, WA, 98504-0113, Sandra Christine Adix , Attorney General's Office/Agriculture Di., Po Box 40109, Olympia, WA, 98504-0109, Robert W. Ferguson , Office of the Attorney General, 1125 Washington St. Se., Po Box 40100, Olympia, WA, 98504-0100, for Respondent(s).

Jack Warren Fiander , Attorney at Law, 5808 Summitview Ave. #97, Yakima, WA, 98908-3095, for Amicus Curiae on behalf of Sauk-Suiattle Indian Tribe.

Richard Kirk Eichstaedt , Eichstaedt Law Office, PLLC, 25 West Main Avenue, Suite 320, Spokane, WA, 99201, for Amicus Curiae on behalf of University Legal Assistance and Amicus Curiae on behalf of Faith Community.

Oliver Stiefel , Attorney at Law, 3141 E. Burnside St., Portland, OR, 97214-1951, for Amicus Curiae on behalf of League of Women Voters of Washington.

Wyatt Foster Golding , Ziontz Chestnut, 2101 4th Avenue, Suite 1230, Seattle, WA, 98121-2323, for Amicus Curiae on behalf of Swinomish Indian Tribal Community.

Daniel James Von Seggern , Center For Environmental Law and Policy, 85 S. Washington St., Ste. 301, Seattle, WA, 98104-3404, for Amicus Curiae on behalf of Environmental Groups.

Charles Marshall Tebbutt , Attorney at Law, 941 Lawrence St., Eugene, OR, 97401-2815, for Amicus Curiae on behalf of Public Health Org. & Medical Doctors Public Health Officials.

Matthew Mattson , Mattson Rodgers dba Law Offices of Matth, 7723 Ne. 170th St., Kenmore, WA, 98028-3985, Kristi J. Denney , Attorney at Law, University Of Idaho, College Of Law, Moscow, ID, 83844-2321, for Amicus Curiae on behalf of Business Amici.


PUBLISHED OPINION

¶ 1 The appellants are 13 youths (the Youths) between the ages of 8 and 18 who sued the State of Washington, Governor Jay Inslee, and various state agencies and their secretaries or directors (collectively the State) seeking declaratory and injunctive relief. The Youths alleged that the State "injured and...

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